An Oklahoma eviction notice is a crucial tool for landlords initiating tenant eviction. This document, in adherence to the Oklahoma Landlord Tenant Act, outlines the reason for eviction and grants tenants the legally mandated period to address the issue or vacate the premises.
By Type
5-Day Notice to Pay Rent or Quit
Evict a tenant if they haven’t paid rent on time.
15-Day Notice to Quit for Non-Compliance
Begin evicting a tenant if they’ve broken the terms of your lease.
30-Day Notice of Lease Termination
Let a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property.
Eviction Laws & Requirements
- Eviction Lawsuit: Also called Forcible Entry and Detainer (§ 1148.1 to 1148.16).
- Grace Period for Late Rent Payment: None required.
- Non-Payment of Rent Notice: 5 days (41 OS § 131).
- Notice of Non-Compliance: 10 days to cure and 15 days to move out (41 OS § 132(B)).
- Threat to Health and Safety: Immediate, no notice is required for the following: 1.) if the tenant causes or threatens to cause harm to the rental unit or to another person on the premises, 2.) if the tenant commits any criminal activity that threatens the health, safety, or enjoyment of the premises by other tenants, 3.) if the tenant participates in any illegal drug-related activities on the premises. (41 O.S. § 132(D)).
- Lease Termination (Month-to-Month): 30 days (41 OS § 131(A)).
How to Evict a Tenant in Oklahoma?
In Oklahoma, eviction lawsuits are governed by Title 12 § 1148.1 through 1148.16 of the Oklahoma Statutes.
Step 1: Provide Written Notice
Suppose a landlord wants to evict a tenant in Oklahoma. In that case, they must first provide written notice to the tenant, which states the potential reason(s) for eviction: non-payment of rent, non-compliance, or termination of a month-to-month tenancy. No notice is required before filing for eviction if the tenant poses a threat to other tenants or the property.
Step 2: File for Eviction
If the tenant fails to respond by the required time and remains on the property, the landlord files a Forcible Entry and Detainer (eviction) action in the local court where the property is located.
Landlords must state why they want the tenant to move out in the eviction complaint and provide them with a copy of the initial written eviction notice. A landlord can request damages in this action (overdue rent or repair costs, court costs, attorney fees, etc.). Still, he can only collect monetary damages if they notified the tenant of why they’re evicting them via Certified Mail and posted a copy on their door.
The court will set a date for the hearing and return on that date to plead your case to the judge.
Step 3: Serve the Tenant
A Deputy Sheriff will serve the tenant the summons once the landlord has filed the eviction with the court.
Step 4: File an Execution
If the court rules in the landlord’s favor and grants them possession of their property, they then must file an execution. After filing, a Deputy Sheriff will post the Eviction Notice at the property.
State Law requires a minimum of 48 hours to be given to the tenant(s) before removal. A date and time will be set to complete the eviction. At the time of eviction, the landlord must meet with the Deputy Sheriff, who will help take physical control of the property. The Deputy Sheriff will remove tenants still on the property at that time.
Related Court Forms
- Forcible Entry and Detainer Petition: The landlord or lawyer must complete the complaint and include the reason(s) for eviction.
- Forcible Entry and Detainer Summons: Notifies the tenant that they are being sued and provides information on the court date and how to plead their case in court.
